Millard v. Hathaway
California Supreme Court
Appeal from the District Court, Third Judicial District, Alameda County. The Court below found the following facts : 1. That in the year 1855, the plaintiff, for the joint and equal benefit of himself and one Joseph Scott, and one Theodore H. Scribner, negotiated for and purchased of Fulgencio Higuera and Celia Feliz de Higuera, his wife, the tract of land in said complaint referred to, situate in the county and State aforesaid, for the agreed sum and price of eight thousand…
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Appeal from the District Court, Third Judicial District, Alameda County. The Court below found the following facts : 1. That in the year 1855, the plaintiff, for the joint and equal benefit of himself and one Joseph Scott, and one Theodore H. Scribner, negotiated for and purchased of Fulgencio Higuera and Celia Feliz de Higuera, his wife, the tract of land in said complaint referred to, situate in the county and State aforesaid, for the agreed sum and price of eight thousand dollars; the same being part of the Agua Caliente Rancho, then and there the property of said Higuera and wife, and…
1Opinion of the Court
By the Court, Shafter, J.
This action is brought to compel a conveyance of certain real estate, and for an account.
The complaint charges : “ That in the year 1855 the plaintiff purchased of Fulgencio Higuera, and Celia Feliz de Higuera, his wife, a certain tract of land in the County of Alameda, and State of California, for the sum of eight thousand dollars. That the same was a part of the rancho known as the Agua Caliente Ranch, and was then the property of said Higuera and wife. That it was called two thousand seven hundred acres, but was defined by metes and bounds, set forth in the deed…
2Cases cited3 opinions
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3Cited by41 opinions
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